Landmark Decisions in The United Kingdom
- Main articles: List of House of Lords cases
Landmark decisions in the United Kingdom have usually been made by the Court of Appeal or the House of Lords, and the High Court of Justice of England and Wales. Many twentieth century examples have involved contributions from the late Lord Denning. 'Landmark case' is usually used in England and Wales, instead of 'leading case'.
- Darcy v Allein 77 Eng. Rep. 1260 (King’s Bench) (most widely known as The Case of Monopolies): establishing that it was improper for any individual to be allowed to have a monopoly over a trade.
- The Case of Prohibitions (1607) (Court of Common Pleas)
- Bushel's Case (1670) (Court of Common Pleas): establishing the principle that a judge cannot coerce a jury to convict.
- Entick v Carrington 19 Howell's State Trials 1030: establishing the civil liberties of individuals and limiting the scope of executive power.
- Tulk v Moxhay (1848) 41 ER 1143: establishing that in certain cases a restrictive covenant can "run with the land" (i.e. bind a future owner) in equity.
- Hadley v Baxendale (1854) 9 Exch. 341 (Court of Exchequer): establishing the extent to which a party in breach of contract is liable for the damages.
- Rylands v Fletcher (1868) LR 3 HL 330: establishing a doctrine of strict liability for some inherently dangerous activities.
- Foakes v Beer 9 A.C. 605: establishing the rule that prevents parties from discharging a contractual obligation by part performance.
- The Moorcock 14 P.D. 64 (1889): establishing the concept of implied terms in contract law.
- Carlill v Carbolic Smoke Ball Company 1 QB 256: establishing the test for formation of a contract.
- Dunlop Pneumatic Tyre v Selfridge and Co. Ltd. A.C. 847: confirming privity of contract: only a party to a contract can be sued on it.
- Donoghue v Stevenson S.C.(H.L.) 31: Lord Atkin established the "neighbour principle" as the foundation of the modern Scots delict (English tort) of negligence. This case used a wide ratio decidendi, which was held later as obiter, but still established the law of tort.
- Central London Property Trust Ltd v High Trees House Ltd K.B. 130: establishing the doctrine of promissory estoppel.
- Associated Provincial Picture Houses Ltd v Wednesbury Corporation 1 KB 223: establishing the concept of Wednesbury unreasonableness for judicial review.
- Hedley Byrne v Heller 2 All E.R. 575: establishing liability for pure economic loss, absent any contract, arising from a negligent statement.
- Fagan v Metropolitan Police Commissioner 1 QB 439: a leading case illustrating the requirement for concurrence of actus reus (Latin for "guilty act") and mens rea (Latin for "guilty mind") in order to establish a criminal offence.
- Ramsay v IRC A. C. 300: establishing a doctrine that ignores for tax purposes the purported effect of a pre-ordained series of transactions into which there are inserted steps that have no commercial purpose apart from the avoidance of a liability to tax.
- Furniss v Dawson A.C. 474: establishing that tax can be levied on the results of a composite transaction, even if steps that are only there for the purpose of avoiding tax do not cancel each other out.
- Factortame case (1990): the European Court of Justice ruled that the House of Lords was required to suspend an Act of Parliament that infringed EC law.
- R v R : the House of Lords invalidated the defence of marital rape to reflect a changing view in society.
Read more about this topic: Lists Of Landmark Court Decisions
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